FHA ON FAMILIAL SIZE
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FHA ON FAMILIAL SIZE (by NC INVESTOR [NC]) Mar 18, 2018 9:38 AM
       FHA ON FAMILIAL SIZE (by WMH [NC]) Mar 18, 2018 9:43 AM
       FHA ON FAMILIAL SIZE (by NC INVESTOR [NC]) Mar 18, 2018 10:10 AM
       FHA ON FAMILIAL SIZE (by DJ [VA]) Mar 18, 2018 10:51 AM
       FHA ON FAMILIAL SIZE (by cjl [NY]) Mar 18, 2018 10:52 AM
       FHA ON FAMILIAL SIZE (by Vee [OH]) Mar 18, 2018 11:34 AM
       FHA ON FAMILIAL SIZE (by John... [MI]) Mar 19, 2018 5:58 AM
       FHA ON FAMILIAL SIZE (by WMH [NC]) Mar 19, 2018 6:26 AM
       FHA ON FAMILIAL SIZE (by plenty [MO]) Mar 20, 2018 12:37 PM
       FHA ON FAMILIAL SIZE (by NC INVESTOR [NC]) Mar 20, 2018 3:08 PM


FHA ON FAMILIAL SIZE (by NC INVESTOR [NC]) Posted on: Mar 18, 2018 9:38 AM
Message:

A few weeks ago there was a discussion where many of us weighed in on the 2/BR rule vs. the size of the property. I found an article from a law firm that addresses that specific issue.

fairhousing.foxrothschild.com/2018/02/articles/discrimination/familial-status-discrimination-case-concerning-a-family-with-12-people-settles-in-california/

--71.75.xx.xx




FHA ON FAMILIAL SIZE (by WMH [NC]) Posted on: Mar 18, 2018 9:43 AM
Message:

So they sued for following the guidelines. Great. --50.82.xxx.xx




FHA ON FAMILIAL SIZE (by NC INVESTOR [NC]) Posted on: Mar 18, 2018 10:10 AM
Message:

And therein lies the problem. The 2/BR rule was revised but it is difficult to find and it is somewhat vague in the way it is written. All of the CE courses on FH that I've taken have always included the size component of a property when determining occupancy limits.

What is also an issue is that subsidized properties under Sec 8 enforce the 2/BR guideline. --71.75.xx.xx




FHA ON FAMILIAL SIZE (by DJ [VA]) Posted on: Mar 18, 2018 10:51 AM
Message:

Strange that the article doesn't say how many bedrooms were in the home they wanted. --68.105.xxx.xxx




FHA ON FAMILIAL SIZE (by cjl [NY]) Posted on: Mar 18, 2018 10:52 AM
Message:

What is truly amazing is that I asked our local office, codes, etc and they came out and said "it's up to you as the owner and up to the tenant ... we aren't going to say how many people can live in a dwelling".

Really? So I said "ok - so regardless of how many bedrooms an owner could say "no more than 1 person can occupy this property?" Their answer said "well, yeah but we were talking about indicating that if you had 10 people in a 2 bedroom ... we wouldn't say yes or no to that as long as it was "up to code" and if they were using the living room and/or dining room as bedrooms you must have smoke detectors ... that's all we would require."

Uggh ... this whole thing is messed up where you just can't get a straight answer and they write the laws so vaguely that everyone can interpret them any way they want so if you read it one way and someone else reads it another way - you both could be "correct" but only a court of law is going to determine it. They shouldn't do that. Write it the way you mean it. No more grey areas ... --69.201.xx.xxx




FHA ON FAMILIAL SIZE (by Vee [OH]) Posted on: Mar 18, 2018 11:34 AM
Message:

I will continue to follow the guidance of the fire chief, just a thought.... --76.188.xxx.xx




FHA ON FAMILIAL SIZE (by John... [MI]) Posted on: Mar 19, 2018 5:58 AM
Message:

The real problem/confusion comes because everyone keeps calling it a "rule." It isn't a "rule". HUD has made it very clear that it shouldn't be considered a "rule."

It's a GUIDELINE.

That is where people are getting into trouble -- when they think that the "2 per BR plus 1" guideline was some sort of enforceable "rule." It isn't (and wasn't in the past either -- it has always been a guideline).

I'd also be careful following "guidance" from a Fire Chief or any other local that doesn't have it in writing. If you are going to make denial decisions based on the number of people in a unit, you better be making them based on written LAW or ORDINANCE for your locality. Not "guidance" from the local yocal fire chief. It WILL matter in court.

- John...

--24.180.xxx.xxx




FHA ON FAMILIAL SIZE (by WMH [NC]) Posted on: Mar 19, 2018 6:26 AM
Message:

Here's something:

w w w .huduser.gov/publications/pdf/measuring_overcrowding_in_hsg.pdf

They were studying HEALTH effects of overcrowding. --50.82.xxx.xx




FHA ON FAMILIAL SIZE (by plenty [MO]) Posted on: Mar 20, 2018 12:37 PM
Message:

I read denied cause of kids. Do you think People would have made a difference? --99.203.xx.xxx




FHA ON FAMILIAL SIZE (by NC INVESTOR [NC]) Posted on: Mar 20, 2018 3:08 PM
Message:

PLENTY: In order for it to be a FH violation it must involve children since that is the whole basis of the Familial issue.

The only family unit that is protected are the parents and their biological or adopted children. Parent, in-laws, etc. are not protected so no generational families are covered. --71.75.xx.xx





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